Description

A bicyclist may be charged with Cycling Under the Influence (CUI) if they ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug. Unlike a DUI the CUI law does not have a specified blood alcohol concentration (BAC) level. The potential damage to others while Cycling Under the Influence is much less than the damage to others a person driving a vehicle could inflict.

What does the prosecutor have to prove?

1. Defendant unlawfully rode a bicycle upon a highway.
2. Defendant was under the influence of an alcoholic beverage or a drug or a combination of both.

Punishment

Misdemeanor: 0-0 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?No
Do I lose my right to vote if convicted?No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?No
Is this charge considered a “crime of moral turpitude” for immigration purposes?No
Is this charge considered a “aggravated felony” for immigration purposes?No
Is this charge considered a “controlled substance violation” for immigration purposes?May
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No